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EMAIL MARKETING SERVICES

Version dated: January 11, 2018

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR STATUTORY RIGHTS AND REMEDIES.

1. OVERVIEW

This email marketing services contract ("contract“) Is entered into between you and GoDaddy.com, LLC, a Delaware limited liability company and takes effect on the day of electronic approval. This agreement describes the terms of your use of the email marketing services ("Services) and represents the entire contract between you and GoDaddy as to the matter discussed herein.

By electronically accepting this Agreement, you indicate that you have read and understood this Agreement and our Universal Terms of Use, which are incorporated herein by reference, and any other agreement or policy expressly incorporated herein by reference, and acknowledge and agree to be bound by them.

The terms "we", "us" and "our" refer to GoDaddy. The terms “you”, “your”, “user” and “customer” refer to natural or legal persons who agree to this contract. Nothing in this contract transfers any rights or benefits to third parties.

We may change or modify this contract, any policies or agreements set forth in this contract, and any limits or restrictions on these services at any time in our sole and absolute discretion. Such changes or modifications will take effect immediately after they are published on this website. With your use of the services after these changes or modifications you accept this contract and all restrictions of the services according to the last processing status. If you do not agree to a binding through this contract and the restrictions of the services according to the current processing status, you may no longer use the services. We will notify you of any changes to this contract by email when the occasion arises. It is therefore very important that you keep the details of your purchasing account up to date. We are not responsible for failure to receive an email notification if it is caused by an invalid email address.

2. SERVICES

Email marketing services allow websites of businesses of all sizes, communities, and individuals to sign up website visitors, collect and store visitor subscription information, and then create and send email communications to contacts.

GoDaddy measures the number of contacts in your account.

All prices for subscription models are subject to change at any time.

The monthly fees will be charged even if your account has not been used to send emails.

GoDaddy does not guarantee that HTML messages will be rendered correctly by recipients' email programs, as there are many different tools available for translating HTML. GoDaddy makes every effort to ensure that email messages sent through our servers comply with email standards. However, we cannot guarantee that such messages will look the same on all e-mail platforms. For example, if you use Microsoft Word to generate HTML e-mail messages, you should expect recipients of your message who are not using a Microsoft e-mail application to have difficulty reading your message. For best results, GoDaddy recommends, without making any guarantees, that you use HTML editors that generate HTML in accordance with W3C standards.

3. ANTI-SPAM POLICY

You may not use the Services at any time to send unsolicited email messages (“spam”). All communications that you send using our services must comply with the terms of this contract and may only be used for lawful purposes in compliance with applicable laws (state, state and local US and international laws) that govern your business activities and activities, including (1) the US CAN-SPAM Act of 2003 ("CAN-SPAM"), (2) Canadian Anti-Spam Legislation ("CASL") and (3) all other regulations and laws relating to unsolicited email, Spam, privacy, indecency and defamation, copyright and trademark infringement, protection of minors in email addresses, legislation on advertising, discounts and promotions, redemption, refunds and commissions on your products and services and unfair competition laws, etc. Click click the relevant links for more information on compliance with CAN-SPAM or CASL.

We have a “zero tolerance” spam policy. Without prejudice to anything to the contrary in the Universal Terms of Use, you acknowledge that we have accounts, products and services (including your use of the Services) that we believe, in our sole discretion, that spam is being sent or otherwise transmitted, or that other activities involve spam or unsolicited mass e-mails, terminate or cancel immediately. We reserve the right to take measures of any kind (be it legal, technical or other measures) without prior notice to keep unsolicited mass emails and other unauthorized emails, messages or campaigns from our network, to remove them and to prevent their use of our network. Accounts, products, or services that are terminated or canceled in connection with spam or other unsolicited bulk email activity will not be eligible for a refund.

The content in your e-mails must be correct and you may only use the Services to send e-mails to customers and contacts who have expressly permitted this or have otherwise given you permission to send them e-mails. If you don't have written evidence that recipients on your contact list have specifically given you permission to do so, or given you permission to send them email, you mustn't include them in any of your email marketing campaigns. You must be able to provide a membership check for every contact and for every email marketing campaign.

We prohibit the use of purchased, rented or illegally obtained third-party mailing lists. You may not send emails (i) to newsgroups, message boards, distribution lists, or unreported email addresses, or (ii) to a recipient who has left, unsubscribed, or otherwise declines to receive such emails from you or a other party on whose behalf you are acting. If the Services have features that ask a recipient for permission to send them messages (and on the assumption that you are legally permitted to do so) and such recipient does not respond in an affirmative manner to such a request for permission, you agree not to send messages to the recipient.

You acknowledge that we are entitled, but not obliged, to copy and / or save your contact lists, customer and contact information and other data if necessary. We do not use this data in any way that violates our data protection regulations.

4. ADMISSIBLE MESSAGE CONTENT

You represent and warrant that the information you use in an email marketing campaign, including the header, subject line and content, is neither false, deceptive nor misleading. More precisely, you agree to the following requirements: (1) to include a valid and correct address and other contact details that are required by law (e.g. a second contact option such as a telephone number, as required by CASL), (2) a valid, correct and non-deceptive identification Your organization in the "From" and "Reply to" lines of every email as the sole sender or cause of the sending of the email that is sent through our services, and (3) no deceptive or misleading subject line in emails sent regarding the subject of the corresponding e-mail.

Any commercial email sent using our Services should include an "unsubscribe" link that subscribers can use to remove themselves from the distribution list. You agree not to remove this link as part of your use of the services. You consent and are responsible for accepting all unsubscribe requests within ten (10) working days of receipt. The unsubscribe method used must be able to process the unsubscribe requests within sixty (60) days of the email being sent. This means that you must not charge a fee, request any personal data from the recipient other than the e-mail address or require the recipient to do anything other than send a reply e-mail or visit a single page on a website on the Internet to accept the unsubscribe request.

5. PROHIBITED USE

You acknowledge and agree that you will not use the Services to obtain nonpublic or personally identifiable information about any other user or person without their express written consent (or parental consent in the case of a minor), illegal information, or any other Request, collect or send other information that you are not authorized to request, collect or distribute.

You may not use GoDaddy to send email campaigns that contain links to or display the following content: pornography, other sexually explicit content, illegal goods or services, pyramid schemes, chain letters, network marketing campaigns, affiliate and Network marketing materials and other content that we consider inappropriate. You must not exploit GoDaddy.com, LLC's service agreement to systematically upload contacts, send emails to them, delete the contacts, and then replace them to send emails to more unique email addresses than are permitted according to your service level.

Unfortunately, abuse is more common in some industries than others, which can negatively affect its usability for other GoDaddy users. GoDaddy wants to maintain the highest possible delivery rate for all users. It is therefore not possible to send e-mails on behalf of certain industries and senders. This includes the following industries and senders:

  • Pharmaceutical products
  • Working from home, making money online, and lead generation opportunities
  • Online trading, day trading tips or stock market-related content
  • Services, products or tips for gambling
  • Network Marketing (Multi-Level Marketing, MLM)
  • Affiliate marketing
  • Credit improvement and debt relief
  • Mortgage and Loan Contents
  • Dietary supplements, herbal supplements and vitamin supplements
  • Address brokers or address publishers
  • Counterfeit or counterfeit products that appear to be from a different brand

It is the sender's responsibility to ensure that content meets these guidelines. GoDaddy may monitor your account to ensure compliance with these regulations and to operate in accordance with accepted industry standards and the email providers to which you send email.

6. INACTIVITY

If you do not log into your account for more than 120 days, your account will become inactive. If an account is determined to be inactive (at GoDaddy's sole discretion), GoDaddy will mark that account as inactive.

INACTIVE ACCOUNTS CAN BE ACTIVATED WITHIN 30 DAYS. FAILURE TO DO THIS, THE ACCOUNT AND RELATED DATA, INCLUDING SUBSCRIBER REGISTRATIONS, MAY BE FINALLY REMOVED FROM GoDaddy's DATABASE.

7. INDEMNIFICATION AND LIMITATION OF LIABILITY

You expressly acknowledge that our entire Universal Terms of Use apply to your use of the services, insofar as this contract does not deviate from them. This is specifically true of GoDaddy's Limitation of Liability Clauses and your indemnity obligations with regard to your use of the Services.